2.0 Summary of CEPA's Environmental Emergency Planning Provisions Under Part 8 - Section 199
Environment Canada's objective for environmental emergency planning under section 199 is to ensure that risk management measures adopted for toxic substances include effective prevention, preparedness, response and recovery components. The Minister will use the authority to require environmental emergency plans to complement other existing or forthcoming risk management measures (e.g., regulations, guidelines) for CEPA toxics. In some cases, this may entail supplementing existing regulations or other instruments. When a substance is declared CEPA toxic, it may be necessary to ensure that environmental emergency measures are implemented immediately to prevent, prepare for, respond to and recover from sudden, unplanned or accidental releases of that substance.
This approach for the implementation of section 199 is consistent with:
- the general objective of environmental protection;
- the administrative duty to take preventative measures; and
- the concept of Part 8 of the CEPA serving as a "safety net" to complement other risk management measures.
Subsection 199(1) of the CEPA authorizes the Minister of the Environment to require the preparation and implementation of environmental emergency plans for:
- substances on the List of Toxic Substances (Schedule 1 of the Act); or
- substances determined by the ministers of the Environment and Health to be toxic under the CEPA and recommended or ordered to be added to the List of Toxic Substances [S.77(6)(b)].
The Minister may require a person (e.g., company or individual) or class of persons (e.g., industry sector) to prepare and implement an environmental emergency plan respecting the prevention of, preparedness for, response to or recovery from an environmental emergency. This requirement is triggered by publication of a notice in the Canada Gazette under subsection 199(1).
This Gazette notice shall specify:
- who will be required to prepare and implement an environmental emergency plan;
- the substance or group of substances for which the plan shall be prepared and implemented;
- the time limits for preparing and implementing the plan; and
- any other matter that the Minister considers necessary.
Unless requested by the Minister as per subsection 199(7), environmental emergency plans prepared under section 199 are not submitted to Environment Canada. Instead, two types of declarations must be sent to the Department. First, a declaration of preparation must be filed within a specified period of time stating that the environmental emergency plan has been prepared and is being implemented. Second, a declaration of implementation must be filed within a specified period of time stating that the implementation of the environmental emergency plan has been completed. In the event that information in either of these declarations becomes inaccurate, an amended declaration must also be submitted to the Department. A copy of the environmental emergency plan must be held at the place in relation to which it has been prepared.
In order to prevent duplication of efforts, parties may satisfy the requirements of a subsection-199(1) notice by using an environmental emergency plan prepared or implemented for another purpose or under another government or Act of Parliament. Where such a plan does not meet all the requirements of the notice, the plan shall be amended or an additional plan be prepared to meet the remainder of those requirements. As for all other environmental emergency plans prepared or implemented under Part 8, declarations of preparation and implementation must be filed.
There are strict penalties for not complying with the provisions of the CEPA. Part 10 (Enforcement), sections 272 to 274, outlines various offences and penalties for contraventions of the Act, regulations or agreements, for providing false or misleading information, and for causing damage to the environment or risk of death or harm to persons. Enforcement Officers may request access to these plans in order to confirm that they have been prepared and are being implemented.
Appendix 1 lists the factors the Minister may take into consideration in determining whether an environmental emergency plan would be required. Appendix 2 contains a proposed model subsection-199(1) notice requiring environmental emergency plans. Appendix 3 contains a list of suggested references for environmental emergency measures and the development of environmental emergency plans. Appendix 4 contains the proposed forms for requests for time extensions and Appendix 5 contains the proposed forms for declarations of preparation and implementation for environmental emergency plans.
For information relating to environmental emergencies, visit Environment Canada's Environmental Emergencies Branch website at: www.ec.gc.ca/ee-ue/.